Minister Nunes Marques from the Federal Supreme Court (STF) requested an opinion and was interrupted on Friday (4) The judgment on the appeal that handled the annulment against former Minister Antonio PaloCCI in Operation Lava Jato.
With the cancellation of the analysis of the case, the trial remains in 2 votes to 2.
Nunes Marque’s voice would break the trial, which until then were 2 votes to 2 in the second class. With the request for a view, he will have another 90 days to analyze the case.
Until then, Ministers Edson Fachin And André Mendonça voted against the annulment, while Gilmar Mendes and Dias Toffoli are favorable. The virtual trial began last week and has no date to resume.
The second panel in the court tried an appeal from the national lawyer’s office (PGR) which intended to cancel a decision by Dia’s Toffoli, the case.
In February this year, Toffoli followed the request for annulment of Paloci’s lawyers and applied the court’s precedent who considered that former judge Sergio Moro was shared to make the judges against the defendants for the investigations. Moro was the main judge of the 13th Federal Court of Curitiba.
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With the decision, all procedures were signed by Moro against Palocci. In one case, he was sentenced to 12 years in prison. Despite the annulment, the Palocci Agreement is maintained.
About the case
In February this year Minister Dias Toffoli, Reporter from Fall by Lava Jato in Federal Supreme Court (STF)Decided to apply to former Minister Antonio Palocci’s same legal understanding that favored President Lula (PT). In Toffoli’s assessment, there is evidence that there was collaboration between prosecutors and judges in Curitiba Task Force, which invalidates the evidence used against Palocci.
However, the decision was questioned by the National Attorney’s Office (PGR), which presented an appeal to the Supreme Court. For PGR, the tests against Palocci are not limited to those produced by Lava Jato and include elements that he himself recognized by signing an award -winning basic agreement. The national lawyer, Paulo Gonet, claims that the defense of the former minister must submit his claims in a separate case, in order to be tested in the first place and not directly in the highest.
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This PGR function is now examined by the second class by the Supreme Court. At the trial, Minister Edson Fachin voted against the automatic expansion of the benefit of Palocci. For Fachin, the cases involving the former minister are different from those who have already been tried and the alleged irregularities of the Federal Court of Curitiba require a detailed investigation of the evidence. He pointed out that this type of analysis cannot be done through simplified measures, such as complaints or the request for extension.
“In the case of extension requests, it cannot review large and generic claims about the most varied investigations that arose from Operation Lava Jato, (…) This Supreme Court becomes a universal knowledge court, when the federal constitution did not accuse it,” the minister said in his vote.